Applying for PRTD on Humanitarian and Compassionate Grounds

[razza_123]

Hi everyone,
Can anyone please guide me? I really need help. I could not meet residency obligations. I have been outside Canada for more than 3 years due to my job in my home country. However, my wife and kids live in Canada for 3 years. I want to permanently move to Canada. For this, I want to apply for PRTD on Humanitarian and Compassionate Grounds. How can I prepare my application and write justification so that they convince and grant me PRTD.
Thanks

 

[Ponga]

This is just my opinion, but without knowing more...I suspect that choosing to live in your home country because of your job, will have virtually no credence towards H&C consideration for a PRTD.

Can you share valid reasons why you could not have quit your job to settle in Canada with your wife and kids?

 

[scylla]

Hi everyone,
Can anyone please guide me? I really need help. I could not meet residency obligations. I have been outside Canada for more than 3 years due to my job in my home country. However, my wife and kids live in Canada for 3 years. I want to permanently move to Canada. For this, I want to apply for PRTD on Humanitarian and Compassionate Grounds. How can I prepare my application and write justification so that they convince and grant me PRTD.
Thanks

You posted something similar back in 2020. So based on that, you've now been outside of Canada for more than 5 years. If that's the case, I think it will be difficult to argue H&C under a PRTD application.

If you have or can get a valid US visa, I would fly to the US, re-enter Canada through a land border and hope you're not reported for failing to meet RO.

Alternatively, you can certainly try the PRTD application. However IMO you should be prepared for the high possibility of refusal. Assuming that happens, your wife would then need to sponsor you for PR.

 

[razza_123]

This is just my opinion, but without knowing more...I suspect that choosing to live in your home country because of your job, will have virtually no credence towards H&C consideration for a PRTD.

Can you share valid reasons why you could not have quit your job to settle in Canada with your wife and kids?

You posted something similar back in 2020. So based on that, you've now been outside of Canada for more than 5 years. If that's the case, I think it will be difficult to argue H&C under a PRTD application.

If you have or can get a valid US visa, I would fly to the US, re-enter Canada through a land border and hope you're not reported for failing to meet RO.

Alternatively, you can certainly try the PRTD application. However IMO you should be prepared for the high possibility of refusal. Assuming that happens, your wife would then need to sponsor you for PR.

Thanks a lot for your detailed reply.

 

[canuck78]

Your spouse always has the option to sponsor you if you lose your PR. Has your spouse been working? Your international income will be listed in both your Canadian tax returns and on your wife’s tax returns as family income. Proof that you have both been filing your tax returns and I assume you haven’t needed government help will help any sponsorship application. Your wife’s income would be primarily examined but if you have savings or if you can show that you’ve already found a job that also will help the application.

 

[Tubsmagee]

Your spouse always has the option to sponsor you if you lose your PR. Has your spouse been working? Your international income will be listed in both your Canadian tax returns and on your wife’s tax returns as family income. Proof that you have both been filing your tax returns and I assume you haven’t needed government help will help any sponsorship application. Your wife’s income would be primarily examined but if you have savings or if you can show that you’ve already found a job that also will help the application.

Does the income even matter? Spouse is responsible but unless OP has a child that would need to be sponsored, there shouldn’t be an income requirement.

 

[canuck78]

Does the income even matter? Spouse is responsible but unless OP has a child that would need to be sponsored, there shouldn’t be an income requirement.

There is no income requirement but you do have to show that you can support your family without government help. If you are dependent on welfare you won’t be able to sponsor. If you are on ODSP we have seen cases where IRCC has asked for a lot more proof of how the family was going to support themselves. It isn’t clear whether some of the couples were approved. There have also been other cases where a wife was sponsoring her husband. She was living with her parents and working for minimum wage and not full-time. She had completed high school at the most. The husband did not speak English or French and was not coming with much funds. IRCC sent a PFL about concerns that they wouldn’t be able to support themselves without government help. So yes income/savings is a factor although much more lax than other countries that require you to make above a certain amount.

 

[tomlee1986]

Hi everyone,
Can anyone please guide me? I really need help. I could not meet residency obligations. I have been outside Canada for more than 3 years due to my job in my home country. However, my wife and kids live in Canada for 3 years. I want to permanently move to Canada. For this, I want to apply for PRTD on Humanitarian and Compassionate Grounds. How can I prepare my application and write justification so that they convince and grant me PRTD.
Thanks

No offence… just looking at it very briefly- I don’t think it’s H & C grounds because your reasoning is jobs… I doubt the officers will look at it favourably- just my opinion here of course